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OBX-STOCK, INC. v. BICAST, INC.

Nos. 06-1769, 06-1887.

558 F.3d 334 (2009)

OBX-STOCK, INCORPORATED, Plaintiff-Appellant, v. BICAST, INCORPORATED, Defendant-Appellee. OBX-Stock, Incorporated, Plaintiff-Appellee, v. Bicast, Incorporated, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 27, 2009.

Attorney(s) appearing for the Case

ARGUED: Alice Carmichael Richey, K & L Gates, L.L.P., Charlotte, North Carolina, for Appellant/Cross-Appellee. Pamela Anne Bresnahan, Vorys, Sater, Seymour & Pease, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: Daniel V. Mumford, Kennedy, Covington, Lobdell & Hickman, L.L.P., Charlotte, North Carolina, for Appellant/Cross-Appellee. Elizabeth Treubert Simon, Vorys, Sater, Seymour & Pease, Washington, D.C.; Reid L. Phillips, David W. Sar, Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Greensboro, North Carolina, for Appellee/Cross-Appellant.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge AGEE and Judge O'GRADY joined.

OPINION

NIEMEYER, Circuit Judge:

James Douglas, the founder of OBX-Stock, Inc., cleverly invented "OBX" as an abbreviation for the "Outer Banks" of North Carolina. OBX-Stock began using the letters OBX on oval stickers for automobiles to indicate that the automobile was from or had visited the Outer Banks. The letters were also attached to souvenirs and other sundries to indicate that they were sold at the Outer Banks.

OBX-Stock has been successful...

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